Dave sends us a link to the Washington Times which tells the last chapter of the Richard Posner story. Posner is a judge on the Seventh Circuit Court. Posner wrote in the pages of Slate that judges spend too much time paying attention to the US Constitution;
I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today
I guess we can just disregard the fact the government derives it’s authority from the Constitution and many of our basic human rights are protected from an overarching government in those words. That the state of our human rights aren’t dependent on fickle cultural norms.
Of course, he could be setting himself up for a nomination to the Supreme Court – he sounds like someone that the current or next President would love to nominate.
Dear Richard Posner,
Can I call you Dick, because you’re sure sounding like one.
So those 18th century guys weren’t smart enough to foresee the future and therefore the Constitution holds no relevance?
I guess that means we don’t have to listen to anything you say in your “official” role, since it’s that same document that grants you your authority.
Sincerely,
Someone ready and waiting for the next revolution.
ps-what sort of lampposts do they have in your district?
One thing I’ve heard for decades:
“Don’t be a Richard!”
If the lampposts are unsuitable, I imagine trees, billboards, or gas station signs would be acceptable substitutes, should the need arise.
Amen, and this slimey, communist p.o.s. needs to hang from one of those lamp posts….ungrateful, no honor, no integrity, piece of shyt@!!
Dear Dickhead Posner,
You don’t like the Constitution?
Fine. Move to Mosul, where terror rules.
Or move here, to Turkey, where ISIS is being blamed for the attack at Ataturk Airport yesterday. Death toll is now 41, with many, many people injured.
http://www.bbc.com/news/world-europe-36662684
We don’t need you. Enjoy your trip. Forget to write. Be a stranger.
Now fuck off.
Sincerely,
An American born in the USA
Perfect. Simply perfect!
“….Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century…..”
That may well be true, they could however see human nature and how in many people attaining some form of power can corrupt and the power abused.
The Constitution in large part was designed to prevent such abuses. As such it is one of the first things would be tyrants would like to disregard.
Patterico touched on this, and I can’t improve on his answer (quoted from elsewhere):
The Constitution isn’t the most magnificent governmental document in history because the founders were clairvoyant about technological development or evolution of culture. It’s magnificent because it is based on eternal principles, understanding of unchanging human nature. The Federalist Papers make virtually no mention of the technology of the eighteenth century, but they are replete with references to historic republics, human nature, and the necessity of local governance versus distant bureaucracy.
The Constitution protects our freedoms because, first, it assumes that our freedoms do not spring from government; second, because it assumes that people are vain and ambitious; and third, because it assumes that a government handed over to people, unchecked, will result in tyranny.
It’s disturbing that such a fool as Posner ever rose to such a high position in our judiciary.
That last part should not be italicized-I thought I closed the tags (we need a preview or edit button).
Yes, but the emphasis on that sentence IS appropriate.
Pretty sure he swore an oath to uphold that document. Seems like these statements would be solid evidence in an impeachment trial.
You’re right. It is a requirement, as stipulated here: https://www.law.cornell.edu/uscode/text/28/453
Shows what a freaking liar the asshole was right up front!!
Truth never gets old. It doesn’t even get better. It just is…is as true now as it was when people first stumbled upon it. A lot of time it sucks, but I’d always rather be aware of it than not.
To me, those old fogeys, aka our Founding Fathers, were raging Revolutionaries who set the world on fire, changing it overnight. There is pre-1776 and post-1776.
It’s obvious that people like this guy want to go back to the pre-1776. You know, the time when the world was run by people in ivory towers, telling the unwashed masses what to do and how to think. Like the EU…or hell, like this country is becoming.
Did he write his OP ED with a quill pen and have it delivered by horseback?
What a fucking kook….
Hey Dick,
Stop being a dick, Dick!
Resign!
Signed,
A American Who Believes in the Constitution
Reagan appointee.
That’s surprising. But maybe he’s getting senile.
Or maybe, Hondo, he thinks his bread is buttered on the other side of the fence.
Bio says he turned 77 earlier this year (born Jan 1939). Don’t think he’s looking for any higher appointment(s) at that age, and as I recall Federal judges can only be involuntarily removed by impeachment.
I’m thinking senility.
That’s possible, too.
Ex, that is the funniest mixed metaphor I have seen in a long time. you may have just created the world’s newest truism. Good job.
Everybody makes mistakes.
apparently his father did 78 years ago
David, it was his mother who made the mistake – she should have swallowed or taken it the arse…….
Apparently this “fine individual” doesn’t think much of his oath of office, either (taken from and required by 28 USC 453 – emphasis added):
“I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
America…designed by geniuses so it could be run by idiots.
That needs to be on a billboard or t-shirt
Absolutely!!
The mask is off.
The Left is out to destroy the Constitution, the United States of America, and all that has been accomplished for the good of the world during its watch.
I think a series of recalls, impeachments and legal actions are in order.
Who is going to do that? It’s the ones who are destroying this country who are in charge of the necessary impeachments, recalls, and legal actions that are needed!
Well, Mr Dick Poser,
Let me give you this warning. If you don’t believe in the Constitution, then I guess the Constitution doesn’t believe in you either. Remember, that street runs in two directions. The law (Constitution) protects thee from me, more than it protects me from thee.
I’m pretty sure the founders did not envision manila rope becoming obsolete in these modern times.
Sisal works, too, you know.
I don’t go to many movies but I did like “xXx” with Vin Diesel as Xander Cage and this sequence. For the moral of the story, skip straight to the end:
[Xander Cage drives a stolen Corvette, which belongs to senator Dick Hotchkiss, and is chased by the police]
Police Officer: You, in the red Corvette! Pull over immediately.
Xander Cage: Yeah, yeah. These monkeys are following me because I just took this car. Obviously the car doesn’t belong to me, it’s not my style. It belongs to Dick. Dick Hotchkiss, a California state senator. You remember Dick? He’s the guy who tried to ban rap music because he feels that the lyrics promote violence. It’s music, Dick! He’s also the guy who wants to pull every video game off every shop in the country, because he feels that the video games diminishing intelligence of our youth. Oh, come on, Dick. It’s only education we got. Dick, you’re a bad man. You know what we do to bad men. We punish them. Dick, you’ve just entered The Xander Zone.
[on the walkie talkie]
Xander Cage: Okay, I’m coming in hot with a side of bacon.
Hillside Video Shooter: Go. Go, go, go, go!
[Xander jumps with the Corvette off the bridge]
Van Video Shooter: Pull it! Pull it!
[Xander jumps out of the Corvette with a parachute]
Van Video Shooter: Yes!
[the Corvette falls on the surface and explodes while the three guys in a Cadillac arrive to pick up Xander and the equipment]
Caddy Driver: Go get the cameras. Go, go, go.
Xander Cage: Moral of the story is, don’t be a dick, Dick.
[shamelessly copied from IMDb, thanks guys]
Another douche-knuckle trying to legislate from the bench.
He needs to just shut up and retire already.
Naw, shut up and die. Hate to admit my feelings on this but some people simply need to give in to their excessive time on this earth and just die.
The Slate article was just plain weird. I make no excuses or apologies for this guy, but it was weird.
Posner has always been one of those special individuals who think they are smarter than everyone else (we know a few of those, right?).
“Constitution, schmonstitution. I don’t need any guide other than my own awesome judgment.”
He maybe on to something what is the use if the Supreme Court is going to overrule it anyways the big issue at hand is the current group of monkeys that seem to have issues with our constitution sitting on the bench two of them seem to have no issue bashing our constitution wherever they go
But the clowns keep putting them on the bench
DICK Posner
Fuck. Him.
Spoken like a true modern fascist, Mr. Posner. I expect you likely meant your treasonous little rant in a 2nd-Amendment-related context, and many on the left are likely okay with that. But let’s take your bullshit to its logical conclusion.
Since the Constitution and its Bill of Rights are apparently no longer valid, then the Free Speech they so cherish and abuse is out. None shall speak a word that meets with the rulers’ disapproval, or else. The Press shall publish only what it is told to publish, nothing more, nothing less. Religious beliefs of any kind will be subject to government approval. And be careful who you talk to, as the Freedom of Association is extinct in the name of safety and security. And those nonviolent demonstrations that liberals think will solve any problem? Yeah, Tian Nan Men Square.
Since the Third Amendment is also out, the Department of Defense, or any other government agency, for that matter, may seize whatever they want, whenever they damn well please, and give you a nice bundle of jack shit in return. At least under Eminent Domain you were entitled to fair compensation!
In throwing out the Fourth Amendment, we eliminate all right to privacy for everyone. No warrant will be necessary for “law enforcement” to tear your property apart and seize anything and everything as “evidence.”
Without the Fifth Amendment, there will be no such thing as due process. There will be no limit to what testimony a court may demand, or to the measures they may take in order to extract it. But what the hell, at least we won’t need lawyers anymore!
The elimination of the Sixth Amendment will allow the authorities to detain anyone for any length of time, trying them whenever they get around to it, or not. No need for an open trial, either, or for the defendant to even be aware of the trial! And the verdict can be determined by any authority who feels like handing one out. That will certainly make things easier! Who needs juries anyway, right?
And without the Eighth Amendment, the authorities may feel free to be as nasty and vindictive as yet want. Torture, extortion, rape, whatever. It’s all on the table.
Hell, why even bother with the Ninth and Tenth? They’re basically toilet paper without the other eight anyway.
You envision the kind of existence George Orwell warned us about. Whether it takes the form of nazism, communism, or any other totalitarian flavor, it fits the core definition of fascism. And you seem to think that’s a good thing! Of course you would, since you seem to think that you’d be part of the ruling elite. But the thing is, that also makes you an oathbreaker. A traitor. And there’s an awful lot of us who also swore the Oath, be they in the military, law enforcement, firefighters (we take it, too), or local government who meant it when we sign our names, and still do. There’s also an awful lot of ordinary Americans who haven’t sworn it, but are loyal to their country nonetheless. And we’ve got better hardware than the torches and pitchforks of Mideival European peasants.
So if you want to make your vision a reality, you’re welcome to try. Just remember that we will oppose you quite vehemently. And you really won’t like how it turns out.
Ni’ baol ach don olcas mise
MOLON LABE
Yup…
Contrary to popular belief, our founding fathers did not invent the principles that resulted in the creation of the Constitution. In fact, the American Revolution began as a bunch of Englishmen fighting to preserve their rights as Englishmen under English law/English Common Law. These concepts evolved for centuries long before Englishmen set foot in North America to establish colonies. We actually inherited this philosophy. One basic concept of this is the idea of “natural law” or “the laws of nature”. Things exist naturally in nature, like defending oneself, doing the work necessary in order to be able to eat, live, setting up homes and territories, etc. These laws supersede any artificial law, including the Constitution.
The job of the Constitution, as well as any government put in place to enforce it as well as to govern, is to ensure that our natural rights continue. Both freedom and life are things we were born with. These are not given to us by the government. Our founding fathers understood the concept, based on human nature, of holding people accountable to a higher order. This wasn’t about the culture that existed then, but about human nature and our right to govern ourselves and thus be “free” like the majority of the animals in the animal kingdom.
Since these rights were not the government’s to give away in the first place, it’s not the government’s right to take our natural rights away without “due process”. The Constitution was also based on the concept that we had to base our concept of “right and wrong” on a constant concept, and not on a trend, whim, or mood. I don’t care how far advanced we are, or how much more advanced we are compared to our founding fathers; human nature does not change. This is among the many concepts that went into the creation of the Constitution.
The danger of removing the arguments that our founding fathers advanced, as well as removing accountability to a “higher order”, you put someone, with changing attitudes of what is right and wrong, in power. When a bunch of people think that it is the government that gives them their rights, and they act on this, then the government can take these rights away without due process of law. What the government gives you, it can take away from you. What it does not give, due process applies. Again, we were born with our natural rights.
Our founding fathers did not trust people to do the right thing all the time. So, they designed a system of government that is full of checks and balances. They also designed one that would only work for a type of population that understands these concepts. When you remove nature, or another higher order, in terms of what we are ultimately accountable to, and in terms of accountability, you pave the way from where we are now to tyranny and dictatorship.
This was not about dealing with technology, or even culture. This is about dealing with the human tendency to go astray and to ensure that our natural rights are not violated.
Hey Dick – FOAD!
“… and many of our basic human rights are protected from an overarching government in those words.”
Bzzt! Wrong.
The only protection we’ve ever had for any/all of our rights as citizens of the US of A is a willingness and ability to act as violently and bloodily as necessary to keep those rights.
We aren’t willing to do what is necessary therefore we no longer have a right to even whine about loosing the rights we’re supposed to have.
“The judges, both of the supreme and inferior courts, shall hold their offices during good behaviorur, …”
Does Dick’s statement constitute “bad behaviour”?
Did you catch this story?
https://www.thetruthaboutguns.com/2016/06/foghorn/breaking-guns-used-paris-terrorist-attacks-came-phoenix-arizona/
Very Interesting, especially the part about where the critter in Phoenix WAS NOT prosecuted:
“The Phoenix gun owner that the weapon was traced back to was found to have at least two federal firearms violations—for selling one weapon illegally and possessing an unregistered automatic—but no enforcement or prosecutorial action was taken against the individual. Instead, ATF leaders went out of their way to keep the information under the radar and ensure that the gun owner’s identity was “kept quiet,” according to law enforcement sources involved with the case. “Agents were told, in the process of taking the fully auto, not to anger the seller to prevent him from going public,” a veteran law enforcement official told Judicial Watch.”
Hell, it goes on to say that the guns used may even be from “Fast & Furious”. Even if they are I’m sure that the U.S. and French mainstream media and Governments will go all out to hush it up, they wouldn’t want facts getting in the way of their agenda.